the right to decide whether or not to undergo medical treatment, after receiving a reasonable explanation of what the treatment involves and the risks associated with the treatment

the right to be treated with reasonable care and skill by a health care provider

the right to confidentiality of information about medical conditions and treatment.

Precisely what these rights mean will vary with the circumstances. If a patient considers his or her rights have been ignored or interfered with by a health professional, then the patient may complain to that provider's professional body, the Commissioner for Health and Community Services Complaints, as well as, or instead of, using other legal remedies, see Complaints against health and community services.

A common complaint is that a health professional has not provided full explanations, for example, of what a particular medical treatment involves, or why a patient is continuing to experience problems or make a slow recovery. If a patient is concerned about any aspect of their treatment, then he or she should make every attempt to discuss the problem with the health professional who has provided the treatment. If the patient still feels concerned after speaking to the health professional, or, after repeated attempts, has been unable to speak to the health professional, then the patient can complain to the relevant professional body. In some cases, problems may be resolved by seeing a new health professional who is prepared to provide a reasonable amount of information about the treatment received. In other situations, it may be necessary to obtain a health professional's case notes or hospital records. If any doubts remain, a patient should not be reluctant to seek legal advice - it is a right to receive a reasonable explanation of medical treatment.

Summary of rights and responsibilities

Patients' main rights

The consumer of health services has the right to:

decide whether or not to undergo medical treatment after receiving a reasonable and timely explanation of what the treatment involves and the risks associated with the treatment

be treated with reasonable care and skill by the health care provider

have medical information and treatment kept confidential.

Other rights

The consumer of health services also has the right to:

access health services appropriate to their needs

withdraw consent at any time

refuse experimental or research treatment

obtain a second opinion

leave a hospital at any time (except in the cases of infectious diseases or certain psychiatric conditions) - if the patient leaves without the hospital's consent the patient may be responsible for any injury or illness caused or aggravated by this action.

be treated with care, consideration and dignity, and without discrimination

be fully informed of the costs of any medical procedure proposed, including any further costs associated with rehabilitation.

Patients' Rights : Last Revised: Fri Mar 24th 2017The content of the Law
Handbook is made available as
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